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USTR Invites Applications for Inclusion on the NAFTA AD/CV Binational Panel Roster

The Office of the U.S. Trade Representative has issued a notice inviting applications from eligible individuals wishing to be included on the North American Free Trade Agreement Chapter 19 roster of individuals to serve on binational panels convened to review final determinations in antidumping or countervailing duty proceedings and amendments to the AD/CV statutes of a NAFTA party.

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The USTR notice states that applications from individuals wishing to be included on the roster for the period of April 1, 2008 through March 31, 2009 should be received no later than December 7, 2007. The USTR notes that current members of the Chapter 19 roster who remain interested in inclusion on the roster must submit updated applications by December 7, 2007.

(According to the USTR, NAFTA Annex 1901.2 provides for the maintenance of a roster of at least 75 individuals for service on Chapter 19 binational panels, with each NAFTA Party selecting at least 25 individuals. A separate five-person panel is formed for each review of a final AD/CV determination or statutory amendment.)

Criteria for eligibility for inclusion on NAFTA Chapter 19 roster. The USTR states that the selection by the U.S. of individuals for inclusion on the Chapter 19 roster is to be based on the eligibility criteria set out in NAFTA Annex 1901.2, and without regard to political affiliation. Among other things, roster members shall (a) be citizens of a NAFTA Party, (b) be chosen strictly on the basis of their objectivity, reliability, sound judgment, and general familiarity with international trade law, and (c) aside from judges, roster members may not be affiliated with any of the three NAFTA Parties. Furthermore, Section 402 of the NAFTA Implementation Act provides that, to the fullest extent practicable, judges and former judges who meet the eligibility requirements should be selected.

USTR will select final list after consultation with congressional committees. An interagency committee chaired by the USTR will prepare a preliminary list of candidates eligible for inclusion on the Chapter 19 roster. After consultation with the Senate Finance and House Ways and Means Committees, the USTR will select the final list of individuals chosen by the U.S. for inclusion on the Chapter 19 roster.

See USTR notice for details on application procedures, etc.

USTR Contact - Daniel Stirk (202) 395-9617

USTR notice (FR Pub 11/23/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-22807.pdf.)